I don't care if I am disabled I want to marry

This blog is a fork in the road that appears after winning a decision of disability for a client. What problems can arise, miles down the road, especially if the claimant suffered a serious mental disorder?

Assume that you or someone else was successful and the claimant was found disabled. He suffers from bipolar I or II, (or some other mental impairment). He has significant problems, so much so that a guardian has been appointed to handle all of his day to day obligations and he lives in a group home setting.

The group home in which claimant lives allows him to be some what independent, in that, he can come and go as he wants, with permission. Has free access to people in the home and outside the home. He even has the right to overnights with women with whom he formed a 'relationship', out side of the home.

With this freedom he has found the love of his life and wants to get married. The guardians say no and the matter end up in court to determine if the claimant is allowed to marry.

THE MINNESOTA COURT OF APPEALS delivered an opinion on May 27, 2014 (A13-1348) that give guidance on what must be proven and who has the burden of proof --

 "(W)e hold that the standard for a ward's competency to marry is that he understands the meaning, rights, and obligations of marriage. See, e.g. Martin v. Martin, 26 So.2d 901,901 (Fla.1946 Chapman, C.J., concurring) ("The mental capacity requisite to a valid marriage is a capacity to understand the nature of the contract and the duties and responsibilities it creates."); Elfont v. Elfont, 157 A. 741, 746 (Md. 1932) ("Every variation from a normal mental condition is not in itself enough to avoid the marriage contract.  the mental defect or derangement must be one having a direct bearing upon such contract. If the party entering the marriage relation has sufficient capacity to understand the nature of the contract and the duties and responsibilities which it creates, the marriage will be valid.") Johnson v. Johnson,  104 N.W.2d 8, 14  (N.D. 1960)("It seems that the best accepted test as to whether there is a mental capacity sufficient to contract a valid marriage, is whether there is a capacity to understand the nature of the contract and the duties and responsibilities which it creates." (quotation omitted))."

"We also hold that the burden of proof is on those opposing the ward's competence to marry."

I am happy with the decision.  The case was appealed because of the lack of guidance in this area.  We now have guidance and the case will proceed to another hearing.

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